You know by now that Brian Bilbray was sworn in as Congressional Representative before the June 6 election in San Diego County, CA was certified. You might even remember reading on The BRAD BLOG that the official swearing in was preceded by a public "mock" swearing in. You learned last week that this premature act is now being used by the defendants in the Busby/Bilbray election contest as an attempt to nullify the election in California's 50th district. But today (drum roll please) Michael Collins of Scoop Independent News reveals that it was Assistant California SoS Susan Lapsley (seen in photo) who provided the election results to the House.

Representative-elect Brian P. Bilbray presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier the Clerk of the House transmitted a facsimile copy of the unofficial returns of the Special Election held on June 6, 2006 from Ms. Susan Lapsley, Assistant Secretary of State for Elections, California Secretary of State Office, indicating that the Honorable Brian P. Bilbray was elected Representative in Congress for the Fiftieth Congressional District of California.

Says Collins in more keen analysis of what can only be seen as an extraordinary power grab by D.C. Republicans...

Now we find out that that swearing in was based on the confirmation provided by a state government official. This strongly implies that the Congress actually recognized state authority to determine that the election outcome was official.

A careful look at the statement in the Congressional Digest reveals some interesting assumptions and perhaps careful planning. The Speaker, Hastert, administered the oath based on word from California’s Assistant Secretary of State for Elections that Bilbray "was elected Representative in Congress." Several assumptions are embedded in this statement. First, Hastert knew that he needed an authority to justify the election as official. Second, he relied on state authority, Susan Lapsley specifically. Third, Hastert knew that there were only "unofficial results," because those are clearly referenced yet he accepted the word of the Clerk that Lapsley had made the call that Bilbray "was elected Representative in Congress." Finally, Lapsley, who has no official status in San Diego County where the election was held, used "unofficial results" to convey to the court that Bilbray was elected.

Last week Paul Vinovich, counsel to the Committee on House Administration, wrote a letter [PDF] to Judge Yuri Hofmann, who is hearing the election contest in the 50th District filed by Paul Lehto and Ken Simpkins. In this letter Vinovich claims that the California courts have no jurisdiction over the case because it is Congress who decides who its members are. Vinovich also wrote,

The House of Representatives has conclusively determined that Brian Bilbray is the people's duly elected representative from the 50th Congressional District.

But California law says that certification is a required part of determining the outcome of California elections. Bilbray was sworn in on June 13, 17 days before the June 30 certification of the election. So no such "conclusive determination" could legally have been made by the time Bilbray was anointed.

It seems to me that not only Hastert but also Susan Lapsley and by extension Bruce McPherson are implicated here.

So who is Susan Lapsley, Assistant to the Secretary of State for Elections? She was previously Susan Bilyeu, previously Deputy Secretary of State in Nevada. Her husband, Rob Lapsley, was the former deputy SoS to Republican SoS of California, Bill Jones. According to an official involved with the California voting system certification process, when asked if he was surprised to hear her name connected with this story about Congress's intrusion into the Busby/Bilbray election,

"If anybody would tell them this, it would be her."

The official described Lapsley's entrance into the California SoS bureaucracy this way:

From the day she showed up as part of the process at the SoS office, she was first there without a title and was involved in pretty much everything having to do with the e-technology issue.... Very clearly someone with connections behind the scenes. It was clear everybody in room looked to her for direction.

What's her husband up to now? According to my source, whether or not it's his official title, he's SoS Bruce McPherson's campaign director.

As you may recall, Republican Bruce McPherson was appointed SoS by Gov. Schwarzenegger after elected Democrat Kevin Shelley, who had decertified Diebold's machines for use in California elections, was run out of his job. According to my source within the California voting system certification process, when McPherson took office he had been as consistent about having an open process for certification as Shelley had been. "At least he was trying to appear to do the right thing." But that changed when Lapsley came aboard. She was in charge of the certification process and largely responsible for the outrageous changes in the process made to prevent VotePad from being certified. (VotePad was rejected for certification last Friday.)

My source says of Lapsley,

She's the only person I've dealt with at Secretary of State for the last six months who never says, 'I'll need to talk to somebody.'

So did she "talk to somebody" before sending the unofficial results to Congress? Did she know these results would be used in an attempt to nullify the San Diego election? I'll let you know just as soon as she returns my phone call...

I've been an occasional reader of BradBlog since the debacle of '04. While not native to the area, I live in a very small town in Northern Michigan. People up here tend to choose wilfull ignorance (our local news literally devotes a total of 80 seconds to World events) over informed decision making. Although I consider myself to be one of the citizenry informed, rather getting off my ass and putting said information to use I've probably been guilty of being a prototypical smug elitist suburban liberal.

Well, as I sit here in my small NoMI house I've finally reached the tipping point. I think of words my Dad said: "Between a liar and a thief, take the thief...at least you can watch him." The very integrity of our elections are being brought to question. This cannot stand. We must do everything we can to expose the people who, as they unfortunately fulfill both criteria, do not allow us the choice between the two categories in the above quote. The lengths these people will go to to subvert the will of the people is astounding. If it wasn't so frightenting I'd almost have to give them begrudging respect for their abilities to so subvert. We are seeing a pattern of behavior that cannot be tolerated.

I salute you Brad, for keeping the fight alive. But, as noted above, it's time I took it a step further. I have been solicited recently to act as an election observer (I am an attorney). Until the full realization of what is occurring hit me, I was planning on declining. Altough I would rather have a limb removed than miss a minute of time I could be with my kids and I will be in either Grand Rapids or Detroit (4 hour drive to either), I will be accepting. It's too important. So Brad, if you ever have those creeping moments of doubt about whether you've made a mark, consider that without the information you provide I'd still be sitting on my smug liberal ass on the sidelines. No more.

Your message sure warmed the cockles of my heart. It is criminal that your government has pushed people to the limit so now folks have to fight for what is rightfully theirs...open, honest elections and leaders you can trust and take pride in.

You have come to the right place. Here you will find many like minded people, sharing their feelings and cheering one another up when the road gets rough......a wonderful raggle-taggle band of gypsies they are indeed....

You could do a lot worse than to visit here a little more often, whenever your time permits.

It has long been the design of the elite to deny the vote to the poor and disenfranchised. Very little stands in the way of the neocon assumption of authoritarian/fascist power throughout our once great Republic.

Now we are simply an arrogant, vile, murderous Empire.... a declining Empire for that matter.

Always remember that there is an inexpensive but totally secure voting system just waiting to be employed here in America (it is prevalent everywhere on earth votes are actually counted): Paper Ballots, Hand Counted.

Any other system is suspect --- as are the people pushing/accepting them.

Thank you for joining in on the battle to save our democracy from this creeping fascism. Spread the word near and far to how crucial it is that we regain control of this government from these plundering corporatist,.. neocons,.. and Nazis. Midterm elections 2006 maybe the last chance we get,.. by 2008 it maybe too late.

Your children and grandchildren will in the future recognize you as the unselfish patriot who devoted his time to protect their future ability to access the protections afforded by the Bill of Rights and the United States Constitution. A more important legacy to hand down to the next generations would be hard to come by.

Again,.. Thank-you for joining in on the battle to restore and defend our democracy.

Yeah, I read that one tonight. Rocky sure poked the Republicans in the eye, and they don't like it one bit.

You haven't heard the last from him though. I happened to attend a presentation of his where he announced that he will be quitting as Mayor of Salt Lake to pursue human rights and environmental problems. He got a five minute standing ovation for making us proud here. He has actually made Salt Lake conform to meet the demands of the Kyoto treaty.

Unfortunatly, his patriotism and honor are offset by the biggest bunch of losers ever to hold office!